The decision did not come easy. The issue came to the fore months ago after Blundell sought a copy of a police report.

“In July last year, I was the victim of an assault,” Blundell explained to commissioners on Monday. After filing a police report which included her statement, photos, witness statements and more on the incident within the city, Blundell said she had no response. When she contacted the police, they said the case was closed, and the prosecutor was not issuing a warrant. Puzzled, she said she asked for the report, but the documents she received did not tell the whole story.

“I knew it was not the complete file,” said Blundell. “It was very cursory. There was a lot of information that was missing.” That’s how she came to file a FOIA request – seeking the entire report on the incident so she could try to understand why it went nowhere.

When she got the 14 pages under the FOIA request, however, the bill that came with it was $37.44. Although the city backed off $6 in charges for certified mailing Blundell never requested, she still wanted an explanation of the fees. When she got that information, it appeared to Blundell that part of what the city was charging was unlawful because they were including inappropriate overhead costs. (More on that here.) She paid everything but $12.22, the part she determined was unlawful, but then she was threatened with collection.

After months of phone calls and correspondence, Blundell came to the commission with her issue. Attorney Mike Nolan prepared a written opinion (see here). Commissioners discussed and tabled the topic.

On Monday, the topic came off the table, and commissioners after a couple of false starts revised the fee. They took a more careful approach, than their attorney even recommended. Nolan said the $1.00 per page charge should be backed off to $0.90, by excluding the 10 cent fee for janitorial expense. It was clear, however, that a number of commissioners had difficulty with the notion of electricity and gas expenses included as incremental costs.

Mayor Bill Sprague noted that copies can still be made when the heat is off, and as for powering the copy machine – unless you meter the electric usage on the copier, it’s pretty hard to define that incremental cost.

“In my opinion, the spirit and intent of FOIA is to afford the citizen … an opportunity to receive the information they need about how government works,” said Sprague. “It is not, in my opinion, a revenue source…. I think the spirit and intent is to get that information into their hands in a fashion that doesn’t disadvantage other citizens.”

Commissioner A. Wayne Bennett first brought a motion to charge 50 cents a page, but it garnered no support since the law requires the costs to be actual. The price cannot simply be set.

“It’s whatever it costs,” said Nolan.

Commissioner Bostick-Tullius, who said she thought Nolan’s opinion was well thought out, then brought a motion to charge Nolan’s recommended amount of $0.90 per page. It, too, garnered no support.

Commissioner John Lyons marveled at the itemized cost of 58 cents a page for electricity. “I just can’t comprehend 58 cents for a copy…. I just think that’s way, way out of line.” He brought a motion to charge a total of 12 cents per page based on the data that the cost of paper per page is 1 cent and copier maintenance was 11 cents, and entirely excluding the other overhead costs of janitorial, electricity and gas.

Some commissioners thought 1 cent per page for paper was too low, but that was the data they received, so they had to stand by it. Bostick-Tullius suggested waiting to revise the fee until after the new budget is done, but other commissioners clearly wanted to move on the matter.

On a roll call vote, the new 12 cent per page fee took effect immediately. Bostick-Tullius and Bennett dissented on the vote. Labor costs are still part of the fee as well.

Commissioner Bennett then brought a motion to accept whatever Blundell had already paid, which was everything except the $12.22 for the charges in dispute. That motion passed unanimously.

“I want to thank you for moving on this,” Blundell said later in the meeting. She noted, “We have responsibilities as citizens… As much as it was an aggravation for you… This is not how I wanted to spend my time either…. It’s been time consuming for me also.” Blundell indicated it was not about the $12.22, it was about stepping forward as a responsible citizen.

“We thank you for time and efforts,” said Mayor Sprague.

That Blundell had to submit a FOIA request for the police report on the incident in which she was a victim was not discussed. Nor was information about why the case was closed.

“I think I‘ll generate much more than three jobs,” said Hoover. “It‘ll happen, and it‘ll happen pretty fast.”

“Quest was a graduate of the Lapeer Enterprise Center,” Lucas reminded the assembly, referring to Lapeer’s business incubator.

Hoover related how he started Quest 11 years ago by himself. Now, he’s got 45 employees.

“We’ve come a long way in 11 years, and I think we have a high ceiling,” said Hoover.

Commissioners had no problem approving the IFT request.

“It’s just great to see you having grown up out of the incubation project (Lapeer Enterprise Center) and employing nearly 50 people,” said Mayor Bill Sprague.

Hoover said he wondered if he could have done it anywhere else.  Hoover said “this location, the backing that I’ve had, the people in this location” have really been the factors for Quest’s success.

Everyone tried to keep it short, as we were all aware it was going to do nothing but get … darker. They managed to get through all the business at hand before it got fully dark. More to follow on all that. The city had the stoplights downtown running smoothly on generators by the time the meeting was done.

•  Lapeer residents looking for a place to serve their community? There are several board vacancies. There is one vacancy on the Cemetery Board. That board meets once a year. There are two vacancies on the Downtown Development Authority. There is one vacancy on the Lapeer Center for the Arts Council. There is also a vacancy on the Zoning Board of Appeals.

•  The city will have its annual spring clean-up on Monday, May 7 when residents can put items for discard curbside before 7 a.m. for pickup by Rick Rhein Disposal. No liquids, toxic materials or hazardous waste will be picked up.

•  Commissioners approved a public walking path/hiking trail easement and agreement for construction and maintenance for a linear trail segment to be constructed from the north end of Prairies and Ponds north to Oregon Road. Cool. It will be funded by a Congestion Mitigation and Air Qualilty grant.

•  Look for that festive streetside dining thing in downtown Lapeer this summer. Commissioners approved right of way licenses for Abruzzo’s, Blondie’s, Fat Boys, and Pueblo Viejo – all along Nepessing St.

•  Attorney Tim Turkelson noted that income tax prosecutions have netted more than $117,000. “I think it’s been very successful,” said Turkelson. He noted that people who pay up on their delinquent income tax walk without a conviction. “It’s been actually a pretty well-received thing.”

•  Commissioner A. Wayne Bennett attended a Lansing meeting on Brownfields recently. He related learning about the story of the comeback of Oklahoma City (he said Houston in the meeting, but clarified it later). He said that 10 years ago, they had the same kind of troubles, losing businesses. “One of the main things that brought them back was volunteering,” said Bennett. “It is not about the parking meters.” He said Oklahoma City had parking meters in 1934. Now, he said, Oklahoma City is one of the top 20 cities this year, “ and they still have those parking meters.”

•  City manager Dale Kerbyson reported of the M24 corridor utility project, “Things are still moving forward at a decent pace.” Doug Skylis of Rowe Engineering noted that the water main has been installed, but is not yet connected at either end, as they wait for bacteria sample results. Dewatering continues. Estimated completion for the project is probably “early June if not before then.”

•  Commissioners approved payment #3 in the amount of $157,258 to Mersino Dewatering for dewatering services on the sanitary sewer main portion of the M-24 corridor utility expansion. That leaves a contract balance of $300,904 out of a total contract amount of $618,700.

•  They approved payment #3 to Zito Construction Co. for sanitary sewer main work on the M24 corridor utility expansion. The payment of $174,493 leaves a balance of $340,567 out of a total contract, including change order, of $767,720.

•  As mentioned in my county commission write-up, the city prepared and sent a letter to the county on parking issues as they prepare to launch the grant-funded project that will impact the Clay Street parking lot area. “We’re being very proactive getting on top of all the parking issues,” said Kerbyson. They also approved two traffic control orders to facilitate the project.

•  They approved payment #11 in the amount of $11,609 to Ron Bretz Excavating for services completed on the 2010 SRF (State Revolving Fund)- Collection System Improvements Project. The total contract, including change orders, totaled $706,376, of which $663,900 has been paid, prior to the payment authorized April 2.

•  Carey’s Lawn & Snow Care will perform lawn maintenance at the city-owned property at Oakdale and DeMille. Carey was the low bidder on the maintenance at a cost of $7,500 per year for three years.

•  The commission approved a room rental policy and fee schedule for City Hall.

•  Commissioners granted a one year extension for an Industrial Facilities Tax exemption for Hydraulics Tubes & Fittings.

•  They set a public hearing for an Industrial Facilities Tax Exemption for Quest Industries for April 16.

During public time, commissioners heard the story of the very grateful White family for the Lapeer City Fire & Rescue response to a March 17 car accident involving their teenage daughter, Kristin. After the vehicle left the road turning end over end, the teen was pinned upside down. Nevertheless, she was safe and sound in the city commission chambers on April 2, along with her mom and dad, Karen and Barry White, to pay tribute to the rescuers.

“It’s one of those issues… that kind of strikes right at the heart of government….” said Turkelson. He pointed out to the commission, “You’re not required to bill under a FOIA request… You may.”

The firm’s research on the matter confirmed Blundell’s information that this is certainly not the first time the matter has been pressed. Turkelson referred to previous challenges in the courts where expert witness testimony was heard even from Office Depot on the cost of making a copy. He noted they can make a profit at 10 cents per page. Turkelson said the Attorney General’s office charges 25 cents per page.

Nevertheless, Turkelson said, “The city’s well within their discretion to charge an amount that’s reasonable.” He said his firm felt that the $1.00 per page charge was “a hair high,” and would recommend removing the 10 cent janitorial cost that was part of the incremental costs the city included in Blundell‘s billing. Still, Turkelson made clear, it was up to the commission to determine whether they would charge, and how much under the “actual costs” test. “It’s a policy decision.”

Blundell’s actual issue was what she referred to as “unlawful charges,” that portion of the bill she got that included fees for gas, electrical and janitorial. It was only the latter of those three overhead costs that Nolan’s firm suggested might fall into a grey area of allowed actual incremental costs.

Ultimately, however, in his letter, Nolan suggested that the definitions on the topic are simply vague and subject to interpretation. He concluded, “Considered in the analysis of the terms of FOIA, the interpretive Attorney General Opinions and court decisions (of which there are many more than addressed here), it is our considered opinion that the per page charge of $1.00 per page is too high and should be revised, if a fee is to be charged at all.” Suggesting exclusion of the janitorial cost, Nolan said, “…we believe that an appropriate rate for per page copy charges to be 90 cents per page.”

The commission did not reflect a cohesive stance on the topic, nor did it delve too far into the matter before Commissioner Mike Robinet proposed tabling the issue until absent commissioners Marquardt and Bostick-Tullius were again on the dais. Citizen Blundell was also unable to be in attendance at the April 2 meeting.

Commissioner John Lyons supported the idea of only charging for FOIA requests over $20. He also supported excluding all three overhead costs.

Mayor Bill Sprague said that people should pay for their FOIA requests. “We are a very transparent government,” said Sprague. In light of that transparency, he said other taxpayers should not have to foot the bill for people who want documents. Still, the mayor acknowledged, “The gas, electric, janitorial – those might have to go away…. The actual labor it takes is what it is.”

Lyons looked at the transparency issue another way. “If it’s transparent and we’re transparent, it should be free,” Lyons said. At least if it’s less than $20.

That led to concerns about voluminous requests, or repeated requests if the city elected not to charge for requests under $20.

Expect the matter to come back before the commission on April 16.

KIND executive director Cheryl Clark will don another of her many hats, this time a chef’s hat, to whip up a New Orleans-style dinner complete with jambalaya, gumbo and bbq chicken. After dinner, the Saucecats take to the stage to get everybody moving with their unique blend of New Orleans funk Zydeco and blues. They toss in some Latin and Carribean music to boot. Cash bar, silent auction, 50/50 are part of Saturday’s mix as well.

An evening of fun for a good local cause. Sounds good to me. KIND provides prevention and early intervention services for at-risk kids from kindergarten through grade eight and their families in Lapeer County.

Tickets are $20 in advance, $30 at the door of the Lapeer Center Building. Event starts at 6 p.m. For tickets, call 810-245-3978 or email c@clark.gs.

A. Wayne’s intense campaigning paid off for him – he won the most votes and kept his seat. And newcomer Lyons was really the only other candidate I saw campaigning. I liked the energy I saw him bringing – I hope he keeps that up once he’s on the dias. Ya think he might chase down that little M24/I69 thing? Accountability would be the operative word here.

City voters rejected the proposal. I conjecture that voters could easily be suspicious of a proposal that purports to “reaffirm” the commission’s authority relative to special assessments.

Over in Goodland, voters rejected the road millage – no graveling for them.

Across the county border, state legislator Paul Scott got recalled. And, you couldn’t help but notice the odd timing of the Emergency Manager recommendation for Flint – actually delivered during voting hours. Ah, we shall see.

Those events are theoretically in Genesee County, but no one could be surprised to know they have implications here, as well as around the state.

They’re wine words, silly. Not that I would know, but I might yet learn. My travels took me to Wills Winery one day a few months ago on the advice of those in the know, and I discovered their Chocolate Raspberry Red. Oh. My. Goodness.

They had one of their wine tasting events yesterday and today. Wine samples, appetizers, a rather festive atmosphere. Hey, I think you have to be in a good mood to taste wine.

It’s local. It’s creative. You can buy their wine, or you can make your own – they’ve got what you need. You can even have wine-making or tasting parties of your own there. You can get custom labels for your wine, too, which makes a pretty nifty gift.

So, Blueberry & Cream or Simply Psychodelic. What adjectives apply to wines with names like that? We’ll find out.

That’s owner Sue Wills with my bottle of Blueberry & Cream.

something fishy’s goin’ on here

It’s that time of year when the Friday fish fries are on. For several years now, my family and I have enjoyed the fish fry at Bishop Kelley School in Lapeer. You can get your fish fried or baked. Along with that you get a baked potato, a side dish like corn, green beans, or baked beans, cole slaw, and a roll. Plus there’s a dessert table and, of course, beverages.

Just moving along the line holding out your plate is fun. The servers are a wonderful, jovial smiling crew. And the youth that cheerfully come around to clean up tables are totally on top of it.

We never fail to bump into people we know at the fish fries. Sometimes it’s someone we haven’t seen maybe since…..last year’s fish fry? It’s really nice catching up with folks, and bumping into the usual suspects, too. So, even though the school has a take-out option, the fun is really in the going.  Just try to resist those Girl Scout cookies on the way out – dare ya.

$9/adult buys your ticket, loads and reloads your plate, makes for a fun, relaxed Friday evening, and no dishes to do! I’m in, as usual.
]]> http://lapeerclik.com/2009/03/07/friday-feast-folks-fish/feed/ 0 lapeerclik fishfry http://lapeerclik.com/2009/03/06/a-visit-to-the-county-commission/ http://lapeerclik.com/2009/03/06/a-visit-to-the-county-commission/#comments Fri, 06 Mar 2009 20:54:01 +0000 lapeerclik http://lapeerclik.wordpress.com/?p=11 Continue reading →]]> I had the opportunity to sit in on the County Commission meeting this week. The commission meets on Thursdays at 8:30 AM in the commission chambers in the lower level of the county building. The agenda did not include anything startling; it was pretty routine stuff.

Going to the dogs

The commission held a fairly lengthy discussion on animal control matters. A few interesting figures were mentioned in the process.

Dogs licensed in county 2008: 15,000
Dogs licensed in county 2007: 16,000
Delinquency fee is $50.00
Revenue to the county from delinquency fees: $47,000-$52,000 per year
Delinquencies are on the increase, with 1,600 delinquent currently.
Rabies tests in 2008: 159
Positive rabies results: 8, mostly in bats

“Our adoptions are down. Impoundments are up. Animal abandonments are up. People are just leaving ‘em,” said Animal Control Officer Walt Rodabaugh. Rodabaugh, who is also president of the Michigan Association of Animal Control Officers, said shelters around the state were reporting “mass problems with delinquency this year.”

It was not clear whether the decreasing number of dogs licensed was due to economic woes leading people to forego licensing or, perhaps, simply due to the number of people moving out of the county and taking their dogs with them.

Commission members were interested in the idea of amnesty for delinquent license offenders to encourage compliance without creating extra economic hardship for dog owners. It appeared, however, that state law prevents an easy, workable implementation of amnesty.

The commission considered the concept of veterinarians being allowed to do licensing paperwork. It would simply be a matter of filling out the paper forms, then sending them to Animal Control. Animal Control would do the processing and computer work, then send the license to the pet owner. This method would help people who are further out in the county, while increasing compliance. Commission members reached consensus in favor of allowing vets to collect licensing info.

That’s a nice cart you’ve got there

There was a brief but interesting discussion on the purchase of laptop carts for the Health Department. The carts will be used in the MI-WIC program. The carts need to be “very, very stable.” Data is collected and entered on the computer with the client, and possibly their curious children, present.

Carts need to move around, and withstand the adventurous climbing and probing of the children. This accounts for the steep price on the carts, approaching $1,000 each. Some of the commissioners were skeptical about the price, but Health Department representatives felt it was worth the investment. Four of the carts will be purchased, with monies coming from existing grant funds.

1900 WIC clients currently.
In previous years, 1500-1600 was the norm

hands up

A new federal law will take effect July 23, this year: the Adam Walsh Child Protection and Safety Act. The new law means that palm prints of sex offenders must be taken and kept “on file.”

 Lapeer County will submit for funding from the Michigan State Police to acquire a digital palm print capture device. The grant will reimburse up to $16,000. The device costs $15,020. The department will get $6,000 on trade-in their existing fingerprint machine.

 The Sheriff’s Department will use the device to get palm prints on all arrests, not just those of sex offenders. Commissioners agreed to fund the purchase of the device on the assurance of reimbursement from the grant.

According to studies cited by the Sheriff’s Department, palm prints are captured at nearly one third of crime scenes, where fingerprints are not. It is apparently a more reliable method than fingerprints. 

Clik-bits

•  Commission members decided to amend the schedule for day meetings only, noting that, if need be, night meetings could be scheduled when appropriate.
• Department heads in the county will be considering a policy that would allow personnel to take time off without pay when approved by the department head. Commissioners feel the policy would provide a benefit to employees as well as a potential savings to the county. One thing became clear in the commission’s discussion of the matter: Department heads should be capable of saying, “No.”
• Attorney general and potential gubernatorial candidate, Mike Cox, will be in town later this month and plans to address the commission on the 26^th.
• Get involved?  There are four openings on the Mental Health Board. Local, interested citizens are encouraged to apply. There is also an opening on the Thumb Area Community Corrections Advisory Board.

And clik on this:   DHS caseload is over 16,000 (the count represents individuals and families, so the actual count may be over 20,000 individuals). This means that roughly over 20% of the county population is receiving assistance of some kind. Commissioners speculated that actual unemployment is probably somewhere between 15 and 20%.